1988). 1894 shipwreck found in Lake Huron, confirming "powerful, tragic story", Bipartisan Senate group unveils rail safety bill in response to Ohio derailment, What to know about Shigella bacteria as drug-resistant strain spreads, Top Dems push Fox News to stop promoting "propaganda" about 2020 election. As such, Defendants have not sustained their burden of establishing that the availability of process to compel unwilling witnesses to attend trial favors transferring this case to another venue. 2d at 1311, and Matt v. Baxter Healthcare Corp., 74 F. Supp. Oftentimes, "trial will be facilitated by having the forum in close proximity to such evidence." at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. While perhaps Plaintiffs could dispute the value of having these premises available for a jury view, "the fact that a jury view is impossible if the trial is held in [this District] weighs in favor of transferring the case." 1:96-CV-996-V, 1997 WL 33642373, at *3 (S.D. Rather, relevant here is that the majority of key nonparty witnesses are residents of Valdosta, and these witnesses will be greatly inconvenienced if they must travel to the Southern District of Georgia, Brunswick Division for trial. No. 701 ("If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness's perception; (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and (c) not based on scientific, technical, or other specialized knowledge. Finally, Defendants submit that if the Court retains jurisdiction over this case, Plaintiffs William Joel Eakin and Nora Kay Eakin's individual claims should be dismissed for failure to state a claim, id. Hall told The Valdosta Daily Times that, after he was handcuffed and agreed to talk to the agents without a lawyer, he was driven two hours to Macon, Ga., and interrogated for four hours. However, "[t]he presumed prejudice principle is 'rare[ly]' applicable and is reserved for an 'extreme situation.'" Jenkins Brick Co., 321 F.3d at 1371. In considering a motion filed pursuant to Rule 12(b)(3), a court accepts the facts in the plaintiff's complaint as true. In fact, he was missing from all of the social media platforms. Id. Presently before the Court is Defendants' fully briefed Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement. Paul Threlkeld, an attorney representing the Bell family, as well as the family of 18-year-old Taylor Eakin - Brian Bell's girlfriend - told 48 Hours' Crimesider on Thursday that warrants were. Rosen is a resident of New York and works as a journalist. After FSU withdrew its offer to Brian Bell, the linebacker struggled to find another school where he could play football. In one article, entitled, "Are we Closer to Answers" and published on April 9, 2014, Rosen introduced a motive for KJ's alleged murder, based on an anonymous e-mail to the Lowndes County Sheriff's Office dated January 27, 2014. No. 9, 13-14. 13, p. 12. The Johnsons filed a wrongful-death lawsuit against the Bells. This case is due to be TRANSFERRED to the Middle District of Georgia, Valdosta Division. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. Capital Corp. Merch. Subscribe to Newsletter Indeed, the contacts underlying Plaintiffs' claims likely weigh most heavily in the Middle District, and Plaintiffs do not appear to dispute that this action could have been brought in that forum. at 14-15. As a result, trial efficiency weighs in favor of transferring this case to the Middle District. Because publication is an essential element to both libel and slander claims, Defendants' publication in the Southern District of Georgia constitutes an activity having "a close nexus to the wrong." . at 18-20, 29, 38. Where things stand in the Alex Murdaugh double murder trial. Ladson said he was seeking a protective order related to the Bells and Eakins seized phones and computers because they contain privileged attorney-client communications related to the criminal case and civil suits. Masthead. Similarly, slander per se, or oral defamation, includes "[i]mputing to another a crime punishable by law" or "[m]aking charges against another in reference to his trade, office, or profession, calculated to injure him therein." Defendants advocate applying the "weight of the contacts" test to pigeonhole this case to the Middle District of Georgia. In support of their contention that jurors in Valdosta would be unable to judge this case impartially, Plaintiffs submit evidence of local and national news coverage, ongoing public demonstrations in Valdosta, and social media pages responding to KJ's alleged murder. at 2. Watch Live: Closing arguments begin in double murder trial of Alex Murdaugh, Ex-Georgia star Jalen Carter was racing in deadly crash, arrest warrants allege, Watch Live: Garland testifies amid ongoing special counsel investigations, Fiery train crash in Greece kills dozens, many of them students. 1:03-CV-1709-BBM, 2003 WL 24129779, at *2 (N.D. Ga. Sept. 16, 2003). 2d at 1357). Dkt. CV 411-096, 2012 WL 170154, at *2 (S.D. Co., 840 F.2d at 855). 3127 Morgans Way Valdosta, GA, US 31605 (229) 247-4990 . First, considering the totality of the circumstances, it appears that this case would be resolved more expeditiously in the Middle District of Georgia, Valdosta Division. It is also undisputed that the allegedly defamatory article concerns a death, as well as a conversation allegedly taking place after that death, both of which occurred in Valdosta and were investigated by Valdosta public officials. 2d at 1356 (citing Gundle Lining Constr. Dkt. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . (citing Curry v. Gonzales, No. in the Middle District" as well. ET. We have enough on you now to put you away., If they had all that, Hall said, then Im pretty sure I would be in handcuffs and in jail.. Jan 15, 2015: C. Visit Florida State. Additionally, the articles generally suggest a mishandling of the subsequent investigation and a possible conspiracy between public officials and the "Martins" to cover up the alleged murder of KJ. Significantly, the venue statute was amended two years after DeLong, such that it now authorizes venue in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." "); see, e.g., Anderson v. Dallas Cty., No. See Pergo, Inc. v. Shaw Indus., Inc., No. 28 U.S.C. Based on the information before the Court, the Court cannot conclude that either party is financially better able to litigate in this District or in the Middle District. Based on the Court's decision to transfer this case to another venue, the Court declines to consider the portion of Defendants' Motion calling for an evaluation of Plaintiffs William Joel Eakin's and Nora Kay Eakin's claims on the merits. The Johnson family alleges local officials conspired to cover up the crime. 9, pp. See id. Moreover, as Plaintiffs point out, Defendants could mitigate this expense by not requiring their witnesses to travel for depositions. Entrepreneurs Summit 1, 6. No. Specifically, the articles suggest that KJ was "murdered" or "killed" and outline various suspicious circumstances that allegedly surrounded his death and the subsequent investigations. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. Dkt. "In those instances, no party is particularly inconvenienced by a transfer. victoria beckham wedding; celebrity wedding photographer Two and a half years ago, Brian Bell, a former football star at Lowndes High School in Valdosta Ga., first was investigated in the death of a classmate. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. Nor is the Court persuaded by Defendants' argument that venue should lie in the district in which publication occurred and Plaintiffs reside. Corp. v. Fireman's Fund Ins. Tex. See Buckley v. Robertson, No. Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. . Accordingly, the convenience of key witnessesthe most important factor under Section 1404(a)-substantially weighs in favor of transferring this case to the Middle District of Georgia, Valdosta Division for resolution. . 15-16, this factor is neutral and does not weigh in either party's favor. at 2. See Dkt. No. Id. Thus, as Defendants acknowledge, see dkt. Gift Card See Dkt. H. The Weight Accorded a Plaintiff's Choice of Forum. Thus, it appears that the principal witnesses and events are located in Valdosta, and thus in the Middle District of Georgia, with only tenuous ties to this District. The Court recognizes that the harm to Taylor Eakin's reputation in this District, by itself, would not likely be a sufficiently substantial event to establish venue, because the inquiry into relevant events focuses on the actions of Defendants. 48 Hours' Crimesider has also learned that the U.S. Attorney's Office this week sought access to Lowndes County Sheriff's Office e-mails regarding the Kendrick Johnson investigation. The residence of 18-year-old Taylor Eakin, Brian Bell's girlfriend, was also searched, according to Paul Threlkeld, an attorney representing the Bell and Eakin families, and, according to the Valdosta Times, the home of 19-year-old Ryan Hall was searched as well. 13-15; Dkt. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). Thus, at issue is whether the nine convenience factors justify transferring this case to the Middle District of Georgia for resolution. We would like to show you a description here but the site won't allow us. Id. Because the Court finds, for the reasons discussed above, that a substantial part of the relevant events occurred in the Southern District of Georgia, this District is an equally eligible venue for Plaintiffs' claims. 14, p. 10. August 25, 2015 / 2:10 PM Ramsey, 323 F. Supp. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. at pp. Plaintiffs further maintain that there is no basis in fact for Defendants' suggestions regarding their daughter's relationship with KJ, knowledge about his death, and participation in a conspiracy to cover up his murder. VALDOSTA, Ga. -- A group of former FBI agents are asking U.S. Attorney General Loretta Lynch to put an end to the investigation into the death of Kendrick Johnson, the Georgia teen found dead inside a rolled-up gym mat in his high school gymnasium over two years ago. Women of Power Summit Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. 14, p. 9. "The Court may not simply shift inconvenience from one party to the other." INFORMATION See Capital Corp. Merch. Get browser notifications for breaking news, live events, and exclusive reporting. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. 1391(b)(2). 1, 25-26, 28. See Dkt. Ga. 1995). 13, Ex. Wouldnt it be something that we are two years into this (investigation) and all that we get out of this are some allegations of witness tampering or witnesses may have had conversations with the Bells related to grand jury testimony. Moreover, although some events underlying Plaintiffs' claims occurred in this District, it is significant that the locus of operative facts lies elsewhere. "Yesterday [Tuesday] at 3:30 am, the Bell family was awakened at their home by government agents, executing search warrants in a federal Grand Jury investigation about the death of Kendrick Johnson which is almost 2 years old - a case in which no one has been indicted and in which there is no evidence to implicate involvement of the Bells or any member of the Bell family. so pervades or saturates the community as to render virtually impossible a fair trial by an impartial jury drawn from that community." 9, pp. See Dkt. at p. 20, overlooking that jurors could be selected from the entire Middle District of Georgia, which extends from Valdosta to Athens. 7-8 (citing DeLong Equip. While this District is in close proximity to Plaintiffs' home forum, close proximity does not render this District their home forum and is not part of the deference inquiry. See Dkt. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. Moreover, transferring this, case to the Middle District of Georgia would benefit both parties in placing trial closer to their witnesses and evidence. They seized cellphones and computers, according to the warrants obtained by USA TODAY Sports. at Ex. Taylor Eakin (@tayloreakin) Instagram photos and videos tayloreakin Follow 80 posts 1,038 followers 1,799 following Taylor Eakin If you are more fortunate than others, build a longer table, not a taller fence. Here, Plaintiffs' choice of forum is entitled to some weight, though minimal because the Southern District of Georgia is not the home forum of any party. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." "The witnesses which will determine liability are those that can shed light on the issues of falsity of the [publication], and the negligence or malice of the Defendant[s] in making the allegedly defamatory statement. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. (quoting DaimlerChrysler Corp. v. Askinazi, No. . "The Sheriff's Office and Lowndes County have fully cooperated and provided them with the requested information," Jim Elliott, who represents the sheriff's department as the attorney for Lowndes County, told Crimesider Thursday. According to the Valdosta Daily Times, Rick Bell and his sons were issued target letters last year to appear before Moore's grand jury, but refused. 10-17 (alterations in original) (quoting 28 U.S.C. Thus, trying this case in the Middle District would prevent unnecessary travel and expense for the witnesses, thus decreasing the litigation costs of the parties, and would permit the jurors an opportunity to view the physical evidence that might aid in ascertaining the truth or falsity of Defendants' allegedly defamatory statements. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Georgia, Valdosta Division. Demonstrators in front of the Georgia State Capitol during a "Who Killed K.J." It is well established that the majority of the witnesses live in Valdosta and that a jury view of the premises of KJ's death is only possible there. Johnson family alleges local officials conspired to cover up the crime the District! E.G., Anderson v. 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